Legal Question in Bankruptcy in California

My brother borrowed $100,000 from me in Jan. 2011, and said he would pay me back within 3 years. He filed for Bankruptcy Chapter 13 in California in May 2012. At the time he did not include me in his filing and said he would still pay me back. Now today (July 2013), he said he can't pay me back and he will amend his bankruptcy filing. Does he have the right to do this after he filed so long ago???? By the way, I said I would work with him on a payment schedule and was not demanding all the money. This is so upsetting!

Asked on 7/13/13, 11:04 am

1 Answer from Attorneys

Charles Andersen Charles Andersen, Atty
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Yes, he can amend his schedules to include you as a creditor. However, you can still file an adversary proceeding to seek to have the debt declared non dischargeable.

There are a variety of grounds, and unless you are an attorney you should get one. This is not simple like filling out forms.

http://www.absolutebankruptcy.org/Chapter_7_Objections.htm

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Answered on 7/14/13, 9:38 pm

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